Context: Recently, 5 years has been completed after work on the Punchhi Commission’s report on Centre-state relations was finished.

• Constituted in 2007, the Commission has submitted its report in 2010.

About the Punchhi Commission

• The Punchhi Commission was constituted by the Union Government in April 2007 under the chairmanship of former Chief Justice of India (CJI) Madan Mohan Punchhi.

• The Commission examined and reviewed how the existing arrangements between the Union and States were functioning, as well as various court rulings regarding the powers, duties, and responsibilities in all areas, including legislative relations, administrative relations, the role of governors, emergency provisions and others.

• The Commission presented its seven-volume report to the government in March 2010.

• The Inter-State Council's (ISC) Standing Committee considered the suggestions of the Punchhi panel at its meetings in April 2017, November 2017, and May 2018.

Key recommendations of the commission

• Governor must not have participated in active politics at the Centre, State or local level for at least a couple of years before his appointment.

• While the Sarkaria Commission had recommended that the chief ministers should also be consulted on the appointment of Governors.

• Impeachment of the Governor should be similar to the impeachment of the President under the Article 61 of the Constitution.

• Governor should not be burdened with positions and powers which are not envisaged by the Constitution and which may expose the office to public criticism. Example of such post: the Chancellors of the universities.

• The Union government before imposing the President’s rule under Article 355 of the Constitution should check all alternative courses available.

• Also exercise of the power under Article 356 should be limited strictly to rectify a failure of the Constitutional machinery in the State.

• Article 355 imposes a duty on the Centre to ensure that the state government is carrying its activities in accordance with the Constitution.

• Article 356 empowers the President to issue a proclamation, when a state government cannot be carried on in accordance with the Constitution.

• For effective implementation of the laws on Concurrent List (List III subjects), an agreement must be reached between the Union and states before introducing legislation in Parliament.

• The Union should restraint from asserting Parliamentary supremacy in matters assigned to the states (State list) or provide flexibility to states in Concurrent List of 7th Schedule.

• The Union should legislate or execute only that subjects of concurrent list or overlapping jurisdiction which are necessary to achieve uniformity of policy or in national interest.

• Audit the role of the Inter-state Council in the management of matters in concurrent or overlapping jurisdiction.

• The period of 6 months prescribed in Article 201 for State Legislature to act when the bill is returned by the President can also be made applicable for the President to assent or withhold assent to a state bill reserved for his consideration.

• Parliament should make a law on the subject of List I of 7th Schedule to streamline the procedures involved but its exercise should not be absolute.

• List I is law related to implementation of international treaties through Parliamentary legislation.

• Refer to the Finance Commissions any financial obligations that impacts state finances caused due to international treaties and agreements.

• Such Finance Commissions should also be constituted from time to time.

• For the bills passed by the Legislative Assembly of a state, the Governor should decide within 6 months whether to assent or to reserve it for consideration of the President.

Laws similar to the central should be followed for Governor-Chief minister relations pertaining to

• Appointment of the Chief Minister or proving his majority in the house.

• The prosecution of a minister on advice of Council of Ministers.

• The Zonal Councils should meet at least twice a year where an agenda is proposed by states to maximise co-ordination where the Secretariat Inter-State Council is also its Secretariat.

• New all-India services in sectors like health, education, engineering and judiciary should be created.

• The scope of devolution of powers to local bodies should be constitutionally defined through appropriate amendments.